Guide for Parents: Criteria for Child Custody Awards by a Court of Law

Parents have rights and responsibilities towards their children. In the context of a separation or dissolution of a marriage, these rights and responsibilities fall under the legal term, “child custody.” While most discussions on this matter revolve around married couples going through a divorce, or parents choosing to live separately, the government has the prerogative to interfere with an intact family if a child’s welfare is on the line.

Standards for awarding custody

The court considers marital status, income, conduct, and lifestyle as factors that influence a parent’s capacity to provide for a child. The main concern is for there to be no existing factors compromising a child’s emotional stability and physical well-being. Nevertheless, the court also considers emotional ties, interest of parents, attitude towards the child, desirability of a relationship, the preference of the child’s current primary caregiver, and the child’s preference if he/she is of age to form an opinion.

The best interests and welfare of the child

Every lawyer specializing in child support in Santa Fe knows that to win a case, a parent must be deemed capable of providing what is best for the child. There is much debate about “the best interests and welfare of the child,” but parents may refer to specific criteria to understand what the court of law takes into consideration.

Mothers are typically associated with the phrase, “best interest of the child.” However, historically, fathers are the primary custodians. Because of gender equity, mothers and fathers enjoy equal opportunities these days. Instead of debating whether a man or a woman is better equipped to raise a child, the argument is in favor of relationships and psychological ties between parent and child.

The court decides on what qualifies as best for children whose parents have decided their relationship has ended. Parents must apply their petitions and arguments to the court with the help of a lawyer. The court will stand with its decision as to the best possible solution for the case at hand.